Is CBD Oil Legal Federally? Things You Need to Know
There are many terms thrown around when people talk about CBD. Words like hemp, marijuana, CBD, and THC can help you determine whether CBD oil is legal in different states. If you want to know which products are available for purchase and consumption, you need to know these terms and specific laws.
Does CBD oil legality matter if, on the surface, all CBD products look the same? In reality, there are some nuances that mark the distinction between them. This article will explain the difference between cannabis products, what makes CBD oil legal and how to find approved products.
The Difference between Hemp-Derived CBD Oil and Marijuana-Derived Oil
The terminology around the topic of CBD is often confusing and sometimes mistakenly used interchangeably. The issue of whether CBD oil is federally legal depends on the ingredients and concentration of active compounds. Before we go on any further, let’s look at the definition of CBD oil and all related terms:
- CBD is a non intoxicating cannabinoid, which interacts with cannabinoids that our body produces naturally. It is emerging as a promising therapy for many health conditions, and the ongoing research reveals mechanisms of how CBD can impact a person’s wellbeing.
- THC is a mind-altering cannabinoid that also provides relief from several health conditions. However, it produces the “high” people feel when they smoke marijuana or eat foods containing it, which is not desirable for some people.
- Hemp is a phenotype of the cannabis plant species and is defined by higher concentrations of CBD and a lower THC content. It has a variety of commercial uses like supplement oil, food, fiber, paper, etc.
- Marijuana is a term used to classify varieties of сannabis that induce psychotropic or euphoric effects in the user. It is used for medical and recreational purposes.
Thus, hemp-derived and medical marijuana-derived products are both made from the same family of flowering plants. Both types of products generally contain CBD and THC (except for CBD isolates). However, the defining characteristic between the two is based on a single factor – THC concentration or, rather, how it affects the user.
Does hemp oil get you high? Luckily for CBD users, it does not. Hemp-derived CBD comes from strains that are predominantly CBD rich, so it never produces a high feeling. The main reason for using this product is to get therapeutic effects.
Where Is CBD Oil Legal According to Federal Law?
Is CBD oil legal? Yes, but it hasn’t always been this way. Hemp was traditionally for therapeutic and manufacturing purposes, even George Washington had his own hemp garden. However, its legal status was vague, until 2018. Thankfully, there are several CBD oil laws and regulations that make the federal position very clear:
- Agriculture Improvement Act, or the Farm Bill
- Industrial Hemp Cultivation regulations
- Federal Food, Drug, and Cosmetic Act (FD&C Act)
Congress passed the Agriculture Improvement Act of 2018, which was officially implemented at the end of the year. It is often referred to as the Farm Bill. It determined the legal status of CBD oil under federal law by specifying conditions that manufacturers and sellers need to follow.
The Farm Bill legalized the farming of hemp as well as production and sales of its extracts under specific conditions. CBD products must contain less than 0.3% of THC in order to be classified as hemp-derived products. As long as it meets this requirement, it can be sold and consumed in all in U.S. territories.
This bill has become a game-changer in CBD regulation and U.S. agriculture. Unlike marijuana, CBD oil is no longer considered a Schedule 1 drug. It is now classified as an agricultural commodity, which is not under the regulation of the U.S. Department of Agriculture (USDA). Before that, it was subject to the Drug Enforcement Administration, which is in charge of controlled substances laws and regulations.
The next big question is: “Is CBD oil legal in all 50 states?” Before 2018, there were a lot of gray areas when it came to this topic. The 2018 Farm Bill removed all confusion and made it fully legal in all 50 states. You just need to remember the conditions that affect THC concentration.
Is Cannabis Oil Legal in All 50 States?
The current political climate regarding cannabis is tense, but CBD oil legality exists in its own right and doesn’t belong to that conversation. If people live in states where CBD oil is legal, it doesn’t mean the same rules apply to cannabis-derived products that do not meet the criteria of hemp.
Remember that federally legal hemp-derived CBD products contain less than 0.3% THC. Conversely, THC-rich strains of cannabis have higher levels of THC – sometimes up to 30% and lower levels of CBD – an average of less than 0.2%. This concentration is not consistent with the Farm Bill, so, on the federal level, it is not legal. It might be legal in your particular state but not nationwide.
Traveling with CBD Oil
On the federal level, you are allowed to take CBD with you when traveling inside the US. Make sure the product follows the regulations in the 2018 Farm Bill, and the TSA will have no further questions.
Although CBD is legal nationwide now, there are a few catches you should be aware of. If you are going on an international flight, check local laws and regulations on hemp-derived products. There are many countries around the world that also allow CBD consumption, but it’s best to verify information in advance.
The Role of FDA Regulation of CBD Oil
The Farm Bill gave the Food and Drug Administration authority to govern hemp-derived products. So, according to the FDA, is CBD oil legal and how do they intend to regulate CBD-containing products?
Technically, if a product is considered a medication, food, dietary supplement, or cosmetic, it has to abide by the FDA rules. However, since CBD is a relatively new supplement, the FDA has yet to evaluate its safety thoroughly. FDA’s official position on CBD is that it is generally safe, but consumers need to purchase it only from reliable vendors. Green Papas is a perfect example of a company whose products you can fully trust since they are verified by third-party laboratories.
The FDA is still working on some regulations, and we may see some more important developments:
- They are considering which potential legislation might be appropriate for CBD products.
- The FDA is reviewing consumer feedback and arranges public hearings to gauge the situation.
- They are developing rules to detect unreliable manufacturers and decide on the consequences for companies with mislabeled products.
- The agency is calling for further studies and high-quality, scientific information about the safety and potential uses of CBD.
Can Federal Employees Use CBD Oil?
Federal agencies make employees take drug tests so that everyone who is under the agency upholds their rightful duties. Also, it limits liability and lowers insurance costs for workplace accidents. Agencies have zero tolerance for THC, which can make things difficult for some CBD users.
Although, CBD oil is legal in all 50 states, only 33 states have legalized medical marijuana. Federal employees face even harder restrictions. The Department of Health and Human Services shared the guidelines for federal workplace drug testing programs. Any traces of THC, whether from marijuana or hemp, constitute a rule or policy violation.
Testing laboratories have no proven methods to distinguish the source of THC in the human body. The issue is the panel of testing, which won’t indicate a specific product. Hemp oil is legal, but, unfortunately, as far as the government is concerned, a positive drug test is a positive drug test. Obviously, losing your security clearance or your job is not something you want to take a chance on.
Now, the big question is, “how can federal employees use CBD oil?” The answer is CBD isolate, a type of CBD product containing no THC. The Air Force has issued a warning to its civilian employees and military personnel that they should be careful about which CBD products they use. In this context, using a no-THC CBD verified by a laboratory eliminates all risks.
Future of Federal Policies on CBD Oil
On March 12, 2019, Democrat Party Congressman Charlie Crist introduced the “Fairness in Federal Drug Testing Under State Laws Act“. The bill is aimed at removing limitations for federal employees in states where medical marijuana has been legalized. How does it affect CBD oil users? It will mean that federal workers will be able to take CBD oil containing some amounts of THC safely. Since small amounts of THC improve the therapeutic effect of CBD, it will help people experience an even fuller effect from this product.
If Charlie Crist’s bill passes, all federally-funded employers will have more freedom in how they manage their health off-duty. It might become a crucial addition to the Farm Bill, which made CBD oil legal in all 50 states in 2018. Laws tend to change, so keep up with the updates on CBD regulation. At this point, federal employees still have to steer clear of THC in any form.
How to Find Approved CBD Products
We’ve already established whether federal laws consider hemp oil to be legal, and the answer was yes. However, how do you know you are purchasing true CBD oil with the right concentration of CBD and THC? How do you know you won’t be taking a legal risk?
Here is a quick rundown on what you need to look for when buying legal CBD oil to get all the benefits this incredible compound can offer:
- Origin of hemp – Go for products made from American-grown hemp. You can’t always be sure overseas ingredients follow the same production rules and regulations. At Green Papas, we use Kentucky hemp that is compliant with local and federal laws.
- Health claims – You don’t want to deal with companies that make outrageous claims without backing them up. While there is a good amount of research on CBD benefits, you should be skeptical if someone alleges that their products are proven to be cure-alls.
- Certificate of analysis – This document shows whether a given product was tested by an independent laboratory. The results should indicate concentrations of CBD, THC (for full-spectrum oils), terpenes, and anything else of importance.
- Testing methods – The laboratory doing the testing for us meets “ISO 17025” standards. This standard ensures that the techniques used in testing are validated by national regulatory organizations.
As a reliable and transparent seller of CBD oils, we want to keep all Green Papas customers informed on the integrity of our ingredients and manufacturing processes. All results are available on our website, so that anyone can check all concentrations and see that there are no harmful additives. We pay special attention to providing safe and legal oils that have just the right amount of all compounds and robust healing potential.
Hopefully, we’ve answered your burning questions like “Where is CBD oil legal?” and “Is CBD oil legal under federal law?” The main takeaway for CBD users is that they can purchase and consume reliable CBD oils that were derived from the hemp plant. If you want to eliminate even the remote possibility of testing positive for drugs, go for CBD isolate, which has no THC.
Current laws consider CBD oil legal in all states, and there might be even more positive developments regarding this industry. There are conversations about FDA approval and better conditions for federal employees. For a substance with minimal side effects and promising clinical studies, this is very good news.
Our natural CBD products can be the next step to easing many symptoms and breaking away from massive amounts of pharmaceutical chemicals and long-term withdrawals. Buy CBD oils from Green Papas to receive trustworthy, beneficial products and start a new chapter in your life.